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Legal Updates

Office Of Public School Construction Adds Submission Requirements For Applications For School Facilities Program Funding

Posted by Unknown | Sep 20, 2018

On September 12, 2018 the Office of Public School Construction (OPSC) changed its submission requirements for Applications for Funding (Form SAB 50-04) for the School Facility Program (SFP) New Construction Program. OPSC changed its procedures due to receipt of recent requests for funding that exceed the bond authority for the SFP New Construction Program.

Effective immediately, all school districts that choose to apply for funding under the SFP New Construction Program must also submit a school board resolution pursuant to SFP Regulation Section 1859.95.1(b). All school districts and county superintendents of schools should be advised that under the new submission requirements the district's school board resolution must acknowledge the following:

  1. That the remaining SFP bond authority is currently exhausted for the funds being requested on this (these) application(s).
  2. That the State of California is not expected nor obligated to provide funding for the project(s) and the acceptance of the application(s) does not provide a guarantee of future State funding.
  3. That any future State bond measures for the SFP may not provide funds for the application(s) being submitted.
  4. That criteria (including, but not limited to, funding, qualifications, and eligibility) under a future State school facilities program may be substantially different that the current SFP. The district's Approved Application(s) may be returned.
  5. That they are electing to commence any pre-construction or construction activities at the district's discretion and that the State is not responsible for any pre-construction or construction activities.
  6. That, if bond authority becomes available for the State Allocation Board to provide funding for the submitted application(s), the school district must apply for financial hardship status (for financial hardship funding only).

For your reference, a sample school board resolution is available here.

Please be advised that all other documents typically submitted with Form SAB 50-04 are still required, such as copies of the California Department of Education and the Division of the State Architect plan approval letters, and/or other applicable documents. If you have any concerns about these new requirements, the attorneys at Parker & Covert are here to help. We would be pleased to answer any questions you may have regarding new SFP applications for funding, the submission process, or sufficient school board resolutions.

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